OC Animal Care (OCAC) facilitates the Barking Dog complaint process, acting as an intermediary between the complainant and responsible person; and issuing a citation if necessary. OCAC does not investigate or make a determination that a Barking Dog violation has occurred. OCAC can provide assistance mediating the circumstances of the issue or other information between both parties and can provide suggestions on how to resolve the issue with the animal in question. Citations are issued after the receipt of a second complaint and are based on the sworn affidavit signed by a complainant.

BARKING DOG CRITERIA

The criteria for a Barking Dog violation are listed below. Complete definitions can be found in Orange County Codified Ordinance (OCCO) Sec. 4-1-3. The noise disturbance must satisfy at least ONE of the following:

• 30 MINUTES OR MORE OF INCESSANT (NON-STOP) BARKING; OR

• 60 MINUTES OR MORE OF ACCUMULATED INTERMITTENT (ON/OFF) BARKING IN A 24 HOUR PERIOD

HELPFUL DEFINITIONS:

INCESSANT: Continuing without stopping, or without pause or interruption; unceasing

INTERMITTENT: Occurring in a non-continuous or non-steady fashion. Starting, stopping, and starting again. An occurrence with pauses or interruptions; occasional, sporadic

More detailed definitions of a Barking Dog of Animal Nuisance violation are listed below:

Barking Dog: a dog that barks, bays, cries, howls or makes any noise for an extended period of time to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property. Such extended period of time shall consist of incessant barking for 30 minutes or more in any 24-hour period, or intermittent barking that accumulates to a total of 60 minutes or more during any 24-hour period.

WHO COULD RECEIVE A CITATION UNDER THIS PROGRAM?

Citations are issued to responsible persons. There may be more than one person responsible for a barking dog violation. A responsible person is defined as any one of the following:

1. A person who allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog or animal nuisance. 2. A person whose agent, employee, or independent contractor allows a barking dog or animal nuisance violation to exist, whether through willful action, failure to act, or failure to exercise proper control over a barking dog. 3. A person who is the owner of, and a person who is a lessee or sub-lessee with the current right of possession of, real property in or upon which a barking dog or nuisance animal violation occurs.

THE BARKING DOG OR ANIMAL NUISANCE COMPLAINT PROCESS

An outline of the Barking Dog complaint process is listed below.

INITIAL COMPLAINT

The complainant must first initiate a complaint in writing by submitting a completed Barking Dog Complaint Form to OCAC. Complaint forms can be submitted in the following ways:

Once the complaint has been processed, an Animal Control Public Education Officer (PEO) will attempt to contact the owner or responsible person to explain the Barking Dog complaint process and to help resolve the situation.

If the owner or responsible person is not available, a courtesy notice with an attached informational packet will be left at the residence. The notice will give the owner or responsible person ten (10) days to resolve the situation. Many of the complaints received are resolved after the delivery of the courtesy notice and do not escalate to the issuance of a citation. Be advised, OCAC does not provide identifying information of the complainant at the first step in the process.

The COURTESY NOTICE is NOT a citation and is only meant to advise the responsible person of the complaint and of the ten (10) day period allowed to resolve the issue.

SECOND COMPLAINT

If the situation still occurs after the ten (10) day period allowed for the responsible party to correct the issue, a second complaint may be submitted to OCAC by the complainant. Second complaints may be submitted by speaking to a Barking Dog staff member over the phone. At the time the second complaint is received, OCAC will schedule an affidavit appointment to meet with the complainant. If OCAC is not contacted within thirty (30) days following the ten (10) day resolution period, the complaint will expire.

If the complainant files a second complaint within the thirty (30) day period and before the complaint expires, they will be required to complete an affidavit, signed under penalty of perjury, attesting to the observed violation during the affidavit appointment in order to further their complaint to the issuance of a citation.

CITATION ISSUANCE

Once a signed affidavit is received by OCAC, a civil citation may be issued. The affidavit will contain name and address of the complainant. The responsible person will get a copy of the affidavit along with their civil citation. Civil citations may be either posted at the residence, mailed certified and standard mail, and/or hand-delivered. Posted civil citations will also be mailed to ensure receipt. Civil citations are dispositioned through an administrative hearing process.

CIVIL CITATION ADMINISTRATIVE HEARING

Unless the responsible person elects to pay the fine associated with the citation, it will be scheduled for an informal administrative hearing so that a Hearing Officer can make a decision on the outcome of the citation. The complainant is required to attend this administrative hearing. If they do not, the citation may be dismissed by the Hearing Officer. The responsible person is also required to attend the administrative hearing if they chose to contest the citation. If a responsible party does not attend the administrative hearing, they will be unable to appeal the determination made by the Hearing Officer.

It is the responsibility of both parties to bring evidence or testimony to the administrative hearing. In order to be considered, copies of evidence or digital media must be submitted at the hearing. Copies will not be returned.

If the civil citation is upheld, the responsible person will have 30 days to pay the civil citation fine. Civil citation fines paid after 30 days will result in a late penalty equal to the amount of the original fine.

EDUCATION OR MEDIATION APPOINTMENTS

OC Animal Care staff are here to help. Education and mediation appointments are available services to participants of this program. An Animal Control Public Education Officer can meet with you, discuss the situation, and convey information to the responsible person at your request. This may help facilitate the resolution of this issue. Feel free to reach out and schedule a mediation appointment if you are involved in a Barking Dog complaint.

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